Minutes - Regular Meeting - 4/29/1991 April 29, 1991
The City of Round Rock Ethics Review Commission met on
Monday, April 29, 1991 at 7:00 p.m. in the City Council Chamber,
221 E. Main Street.
ROLL CALL: Those members present were Chairman Gene
Glaeser, Vice-Chairman Shawn Hood, Commissioners David Cooke,
Ray Gill , Jr. , Dr. J.R. Rogers, and Larry Terrell . Commissioner
Harold Creed was absent due to being hospitalized. Also present
was Barney Knight, Special Counsel for the Ethics Review
Commission.
3 . Consider preliminary hearing to determine whether or not
reasonable grounds exist for the Commission to hold a final
hearing on the complaint of Michael W. Brown against Robert
Stluka.
Chairman Glaeser went over Section G.7. a - f of the Ethics
Ordinance which indicated the procedure that would need to
followed. He pointed out a sworn written complaint had been
received by the City Secretary. The complaint alleges that
Councilman Stluka violated Section C.2. b & c on page 4 of the
Ethics Ordinance.
Mr. Knight went over the detailed assessment prepared for
the Commission. It offered his interpretation of the ordinance
pertaining to the specific paragraphs of the alleged violation.
He also offered his interpretation of the complaint from a legal
aspect. He noted the paragraphs in question are directed at
financial gain and are not directed at freedom of speech and
political activities.
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April 29, 1991
Michael W. Brown, under oath, stated he felt Councilman
Stuka violated the Ethics Ordinance "under the pretense of public
speaking by using his Council seat to dictate his opinion on the
election at hand" .
He informed the Commission he would present a video tape of
the April 11 , 1991 Council meeting that shows Councilman Stulka
using the Citizens Communication portion of the meeting for his
statement.
Mr. Brown said the topics Councilman Stulka addressed were
brought up in closed political forums of which Councilman Stluka
did not attend. Therefore the issues addressed were "purely
second hand information". He - added he was not questioning
whether the issues were right or wrong but how Councilman Stluka
chose to address the issues. Mr. Brown continued that Councilman
Stluka was "not without options as to other actions he could have
taken" . He could have spoken to the candidates themselves, sent
a letter to the editor of the local newspaper or made a paid
political announcement. Instead he chose to address these
issues, "purely political " , while sitting on the dias of the City
Council as a Councilmember. Mr. Brown asked the Commission to
strongly consider the fact that Councilman Stluka's prepared
statement in its entirety was "premeditated, well orchestrated
and purely politically motivated" . This is why he was requesting
the Commission to consider Councilman Stluka's action of
violating paragraphs b. and c. under the General Provisions of
the Ethics Ordinance of the City of Round Rock.
Mr. Brown concluded that his question remains whether
Councilman Stluka was right or wrong in his actions. At this
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April 29, 1991
point Mr. Brown proceeded to play the video tape he brought as
evidence.
In response to Commissioner Gill 's question Mr. Brown
clarified that the issues Councilman Stluka addressed were
disbursed at a candidate forum closed to the public at which
Councilman Stluka nor Councilman Culpepper were there.
Commissioner Gill inquired if the statements made by
Councilman Stluka were false. Mr. Brown said he was not present
to say whether the issues were right or wrong but whether
Councilman Stluka's conduct was right.
Chairman Glaeser noted that a "purely political statement"
did not fall under b. and c. of the section noted.
MOTION: Commissioner Gill moved that no reasonable grounds
had been presented to indicate a violation of the ordinance had
occurred. Commissioner Terrell seconded the motion.
The following Commissioners agreed with the motion.
Chairman Glaeser Commissioner Gill
Vice-Chairman Hood Commissioner Rogers
Commissioner Cooke Commissioner Terrell
Commissioner Creed was absent from the meeting.
Chairman Glaeser stated the Ethics Review Commission had
ruled that Councilman Stluka did not violate the Ethics
Ordinance.
COMMISSIONER'S COMMENTS:
Chairman Glaeser pointed out some terms would soon expire
for members of the Ethics Review Commission. The Commissioner
would continue serve until a replacement had been named.
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April 29, 1991
ADJOURNMENT:
There being no further business the meeting adjourned at
7:35 p.m.
Respectfully submitted,
Christine Martinez
Assistant City Secretary
4
t
THE STATE OF TEXAS .
COUNTY OF WILLIAMSON
TO: THE ETHICS REVIEW COMMISSION
OF THE CITY OF ROUND ROCK, TEXAS:
COMES NOW j �,,�,P(� ,W ��Wy,, , and makes this complaint,
Complainant
UPOYN� HIS/HER ll /PERSONAL KNOWLEDGE AND UNDER OATH against
and would show the
(Name of Person complained against)
Commission that:
On or about the ( day of �� AZ t � , 199 1 ,
(insert date of the action, or Omission, complained of)
(name of person complained against)
a/an I hD U h.c. i
(insert appropriate designation; L
7••�V1v11. lit Ly or.r1c1a1, candidate,
employee, Board or Commission member) of the City of Round Rock,
Texas, violated the following provision(s) of Chapter 1, §9, Code of
Ordinances, City of Round Rock, Texas, to wit: Q
(Specify by Sec 'on,
AM
Subsection and Paragraph number the /a• s, P
prow sio (s) allegedw olated. )
by committing the following act, or omission, to-wit:_�/ylr � vd
40� 1. , 1 P J h
�L
'l '-�?_Z11c?vt 4
(Describe above, the action, or omission, alleged to violate each Code
provision cited. You may attach additional pages if more space is
required. )
SIGNED this the day of
199
(Signature of complainant)
SWORN TO AND SUBSCRIBED BEFORE ME, by I C14 A EL_ &J .
on this the day of 1991
M Commission Expires:
Cq 9,3 Notary Public
In and For the State of Texas
CHRISTINE R. MARTINEZ
A
xa�Notary Public,State of Texas
1r
My Commission Exp ress
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JUNE 22, 1993